Political Justice in the Indian Constitution
Context:
The Supreme Court recently observed that women are the largest minority in India and that providing them with representation is a matter of political justice
This was stated during a hearing on a petition challenging the delay in implementing the Nari Shakti Vandan Adhiniyam (Constitution 106th Amendment) Act, which grants 33% reservation to women.
What is Political Justice?
Political justice aims to provide equal opportunities for political participation, fairness in lawmaking, and good governance.
The Supreme Court has defined it as relating to the principle of rights of the people, i.e., right to universal suffrage, right to democratic form of Government and right to participation in political affairs.
Key Constitutional Provisions for Political Justice
Preamble:
The Preamble to the Constitution declares India as a sovereign, socialist, secular, democratic republic, directly linking political justice to these values.
The Preamble explicitly mentions the goal of securing for all its citizens JUSTICE -- social, economic and political.
The guarantee of fundamental rights is essential for political justice.
Article 14: It ensures equality before the law and prevents political arbitrariness which is a key aspect of political justice.
Article 15: It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Article 15(3) specifically empowers the State to make special provisions for women (which is the basis for acts like the 106th Amendment)
Article 16: It guarantees equality of opportunity in public employment.
Article 19: It guarantees freedoms of speech, expression, assembly, and association, which are necessary for any political activity.
Directive Principles:
Article 38(1): It directs the state to promote a social order in which social, economic, and political justice informs all institutions.
Article 39-A: It directs the state to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen due to economic or other disabilities.
Article 40: It directs the organisation of village panchayats, which promotes political justice at the grassroots level.
The Constitution guarantees universal adult suffrage (Article 326) where every adult citizen, regardless of caste, religion, or gender, is given equal voting rights.
Supreme Court Judgements on Political Justice:
Indira Gandhi v. Raj Narain (1975)
Supreme Court ruled that political justice requires free and fair elections, making it one of the basic structure of the Constitution
Raghunathrao Ganapatrao v. Union of India (1993)
Political justice entails the right to universal suffrage, the right to a democratic form of government, and the right to participate in political affairs.
In Association for Democratic Reforms (2002), the Supreme Court directed that candidates contesting elections disclose their criminal background and financial details, ensuring voters are better informed, which is crucial for political justice